IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 9TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941
BAIL APPL.NO. 2707 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 973/2019 OF DISTRICT COURT
SESSIONS MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD
CRIME NO. 53/2019 OF CHITTARIKAL POLICE STATION , KASARGOD
PETITIONER:
JAYESH THOMAS, AGED 33 YEARS,
S/O. THOMAS, RESIDING AT HOUSE NO. 1537,
SANSKRIT APARTMENT, SECTOR-28, ROSHINI,
NEW DELHI, PIN – 110 085
BY ADVS.
SHRI.JAWAHAR JOSE
SRI.SARUN RAJAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A. No. 2707 of 2019
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Dated this the 9th day of April, 2019
ORDER
The petitioner is the sole accused in Crime No.53/2019
of Chittarikkal Police Station registered for offences under Section
498A of IPC.
2. The lady defacto complainant claims that she is the
wife of the petitioner, whereas the petitioner claims that there was
no valid marriage solemnized between the parties and that
therefore the offence under Sec.498A of the IPC will not be
disclosed. The gist of the allegations is that the lady defacto
complainant had earlier married a person by name Sri.Suneesh
and in that marital relationship, she has two children. Her earlier
marriage was dissolved and thereafter she has married the
accused. The allegation is that the petitioner has collected huge
money from her which is causing mental stress to her, etc.
3. Having regard to the nature of allegations disclosed
against the petitioner in the instant case as well as the nature of
the offence alleged against him, this Court is of the view that the
plea for pre-arrest bail could be considered. Accordingly it is
B.A. No. 2707 / 2019
..3..
ordered that in the event of the petitioner being arrested by police
in connection with the abovesaid crime, he shall be released on bail
on executing bond for Rs.40,000/- and on furnishing two solvent
sureties for the like sum, each to the satisfaction of the
Investigating Officer concerned.
4. Further it is also ordered that it will be subject to
following conditions:-
i. The petitioner shall not involve in any criminal offences of similar
nature.
ii. The petitioner shall fully co-operate with the investigation.
iii. The petitioner shall report before the investigating officer as and
when required in that connection.
iv. The petitioner shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.
If there is any violation of the abovesaid conditions by
the petitioner then the jurisdictional court concerned stand
hereby empowered, to consider the plea for cancellation of
bail at the appropriate time.
With these observations and directions, the above Bail
Application will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
